The manner of Shelleen Wardle’s driving was the key factor in deciding what she should be charged with in relation to the death of Jordan Seddon.

For while some may have been surprised serial drink-driver Wardle faced a “causing death by careless driving while over the prescribed limit” charge after the tragic accident in which the 17-year-old died, the Crown Prosecution Service - which prosecutes individual cases investigated by police - says there’s one main difference in deciding if someone should face a “careless” or “dangerous” charge.

While unable to comment on individual cases, the CPS says that only where the standard of driving falls FAR below minimum standards - and where there’s a realistic chance of conviction on that charge - will a “causing death by dangerous driving” charge be pressed.

Shelleen Wardle pictured leaving court after a previous hearing

And where the careless driving has been aggravated by excessive drink/drugs, a judge’s sentencing powers are the same as those for dangerous driving.

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She drove between 32mph-36mph along the 30mph limit Cargo Fleet Lane in her black Fiat Punto just after midnight on September 3 when she hit the back of a BMX bike Jordan was riding in the cycle lane. But the court heard there was no evidence of Wardle, who had been at the Southern Cross pub, driving very erratically.

A CPS spokesperson said: “While it is important to acknowledge that the circumstances of all cases involving fatalities due to driving are unique, the two main types of driving offences involving fatalities are ‘causing death by careless driving’ and the more serious ‘causing death by dangerous driving.’

“In all cases, it is the manner of driving that determines whether it falls into the ‘careless’ or ‘dangerous’ category.

“In broad terms, a person is seen to have driven carelessly, or inconsiderately, when the way they drive falls below the minimum acceptable standard expected of a competent and careful driver.

“For dangerous driving, the manner of driving must fall FAR below the minimum acceptable standard expected of a competent and careful driver, whereby it would be obvious to a competent and careful driver that driving in that way would be dangerous.”

Jordan Seddon

The spokesperson added that the specific charge of “causing death by careless driving while over the prescribed limit” is also used in cases where the manner of driving is deemed to be careless or inconsiderate, but the offending is aggravated by the excessive consumption of drugs or alcohol.

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“Of note is that the sentencing powers available to judges for offences involving careless driving while over the prescribed limit are the same as in those for cases where a conviction for dangerous driving has been given.

“In all cases, prosecutors must assess all available evidence to see whether a criminal charge has a realistic prospect of conviction, in accordance with the Code for Crown Prosecutors.”